An indictment does not force DeLay to resign as a member of Congress, but the GOP's rules demand that he resign his post as majority leader as he fights the charges. Congressional Republicans earlier tried to drop that requirement, citing Earle's investigation as a political vendetta, but they ultimately maintained the rule after withering criticism.
Under House Republican Conference rules, any GOP leader who is indicted for a felony that carries at least a two-year prison term must step down immediately. -The American Statesman
As a matter of fact, there is no law against running for, or even hold national office while in prison. It is a testament to the (obviously misplaced) faith the founding fathers had in the voting public that there is no provision against convicts running the country. The downside is that the voters have apparently become so ignorant as to elect just about anyone to the position. This is a case arguably, of "you get what you deserve." Let's hope we get smarter. And fast.
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